The voting public is fully capable of selecting qualified and competent judges: letter to the editor

I was glad to see that The Plain Dealer was shedding some light on the upcoming judicial races in Brent Larkin's recent column "Even if it runs like a judge, it still may not be one." While I believe that Colleen O'Toole's statements to the disciplinary panel concerning her status as a judge are ridiculous, I do not think that even the glaring shortcomings of the judicial selection process as set forth in the article militate a change to the merit selection process and the hidden evils it entails.

Merit selection sounds great in theory, but it asks us, the voters, to sacrifice our constitutional rights in favor of a system that is ripe for unchecked political hijacking. Underlying the merit selection process is an unfounded belief that the voting public is uneducated, uninformed and incapable of selecting judicial members who are qualified and competent to occupy the benches of the Ohio courts.

Even if this belief had some validation in the past, the advent of the Internet, Twitter and social media have given even the most unsophisticated voter the ability (even in the voting booth via tablets and smartphones) to quickly gather information about a candidate and his or her philosophies. The proliferation of the Internet and smartphones has made it easier and more cost-effective than ever to reach one's constituents.

Furthermore, in 2002, the U.S. Supreme Court in Republican Party of Minnesota v. White allowed candidates the First Amendment right to express their view on issues that might come before them on the bench, thus freeing candidates to genuinely campaign for judicial office in a meaningful way. The reality is that many of the inherent drawbacks of judicial elections have been ameliorated through technology and court rulings. If a candidate fails in a judicial race because of "the name game," it generally points to a failure of campaign strategy and not a failure of the voting public.

Though our elective system is not perfect, its advantages far outweigh the injustice citizens of this state would suffer under a merit selection plan. One of the most frequently raised arguments in favor of merit selection is that it reduces judicial politicking. Unfortunately, merit selection will not diminish the politicking that surrounds judicial races, or any political race for that matter, but will instead shift the emphasis of political decision-making away from the voter who now gathers information from multiple partisan and nonpartisan sources to a nominating committee whose decisions are formulated in the back rooms of local bar associations.

One of the greatest strengths of the system of popular election of judges is its openness. Elections are more open to women and minorities, are more representative of ethnicities, produce a somewhat younger judiciary and, in some cases, tend to elect jurists with more court experience. The openness of the elective process further emphasizes the crux of the debate: Who should be able to choose our judiciary? Is it better to allow others in the form of committees to appoint our judges, or should individuals continue to vote at all levels of the political process?

Thousands die every year trying to secure the right to vote, and we should not think so lightly of giving up this right that many Americans appear to take for granted. Let us not be led like sheep, blindly following the political and personal opinions of an elite hand-picked few. The voting public is fully capable of selecting qualified and competent judges. It is our democratic process that ensures that those who serve on our courts are a reflection of the will of the majority and are accountable to the public and not the "king makers."

Lawrence Landskroner Cleveland

Landskroner is the principal of the law firm of Lawrence Landskroner & Associates, LLC., received his law degree from Vanderbilt University Law School and is a member of the Inner Circle of Advocates.

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